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upon the misrepresentation and false promise of deployment to Italy as factory
workers. Besides, despite several opportunities given to Ocden by the RTC, she failed
to present Ramos, who Ocden alleged to be the real recruiter and to whom she turned
over the placement fees paid by her co-applicants.
Between the categorical statements of the prosecution witnesses, on the one hand, and
the bare denial of Ocden, on the other, the former must perforce prevail.
An
affirmative testimony is far stronger than a negative testimony especially when the
former comes from the mouth of a credible witness. Denial, same as an alibi, if not
substantiated by clear and convincing evidence, is negative and self-serving evidence
undeserving of weight in law. It is considered with suspicion and always received with
caution, not only because it is inherently weak and unreliable but also because it is
easily fabricated and concocted.[25]
Moreover, in the absence of any evidence that the prosecution witnesses were
motivated by improper motives, the trial court's assessment of the credibility of the
witnesses shall not be interfered with by this Court.[26] It is a settled rule that factual
findings of the trial courts, including their assessment of the witnesses' credibility, are
entitled to great weight and respect by the Supreme Court, particularly when the Court
of Appeals affirmed such findings. After all, the trial court is in the best position to
determine the value and weight of the testimonies of witnesses. The absence of any
showing that the trial court plainly overlooked certain facts of substance and value that,
if considered, might affect the result of the case, or that its assessment was arbitrary,
impels the Court to defer to the trial court's determination according credibility to the
prosecution evidence.[27]
Ocden further argues that the prosecution did not sufficiently establish that she illegally
recruited at least three persons, to constitute illegal recruitment on a large scale. Out
of the victims named in the Information, only Mana-a and Ferrer testified in court.
Mana-a did not complete her testimony, depriving Ocden of the opportunity to crossexamine her; and even if Mana-a's testimony was not expunged from the record, it was
insufficient to prove illegal recruitment by Ocden. Although Ferrer testified that she
and Mana-a filed a complaint for illegal recruitment against Ocden, Ferrer's testimony is
competent only as to the illegal recruitment activities committed by Ocden against her,
and not against Mana-a. Ocden again objects to Golidan's testimony as hearsay, not
being based on Golidan's personal knowledge.
Under the last paragraph of Section 6, Republic Act No. 8042, illegal recruitment shall
be considered an offense involving economic sabotage if committed in a large scale,
that is, committed against three or more persons individually or as a group.
In People v. Hu,[28] we held that a conviction for large scale illegal recruitment must be
based on a finding in each case of illegal recruitment of three or more persons, whether
individually or as a group. While it is true that the law does not require that at least
three victims testify at the trial, nevertheless, it is necessary that there is sufficient
evidence proving that the offense was committed against three or more persons. In
this case, there is conclusive evidence that Ocden recruited Mana-a, Ferrer, and
Golidan's sons, Jeffries and Howard, for purported employment as factory workers in
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/37842
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